Principle

CUSTOMARY LAW — Proof of Custom — Burden of Proof

Area of law
CUSTOMARY LAW
Court
Supreme Court

Customary law is a question of fact, not law, unless judicially noticed. The party alleging a custom must prove it. Judicial notice is limited to well-known, notorious customs. The burden of proof is on the balance of probabilities. The principle prevents the imposition of unproven…

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